EXCLUDING ASIATIGS.

Manawatu Standard, Volume XLIV, Issue 645, 2 March 1923, Page 6

EXCLUDING ASIATIGS.

The following appeared In our Second Edition of yesterday:—

ACTION IN SOUTH AFRICA. • APPEAL BEFORE THE COURT. By Electric Telegraph—Copyright. Received March 1, 1.50 p.m. CAPETOWN, Feb. 28. The Union Court of .Appeal is sharply divided regarding the validity of a notice issued by the Minister of the Interior under the Immigration Act declaring Asiatics, not already domiciled or specially exempted by statute, not suited on economic grounds to reside in South Africa. Chief Justice Rose limes took the view that there was no discrimination against Asiatics as such. Ho. pointed out that the Minister’s notice might include a prince, rajah or eminent scientist. The Minister was competent to exclude all persons holding certain political opinions. If Parliament had wished to exclude all Asiatics, it could easily have framed the Act so as to exclude the possibility of doubt. The Minister’s notice was ultra vires because the basis of classification did not conform with the provisions of the statute. Judge Kotso concurred. Judge SoloniSP an d the remainder of the court overruled the Chief Justice, holding that the judges were not entitled to challenge the discretion of the Minister, who was empowered by Parliament to decide what persons were not suited to reside in the Union on economic grounds. The point arose from an appeal of an Indian against conviction for aiding and abetting prohibited persons to enter the Union. The appeal was dismissed.—A. and N.Z. cable.